Convention Draws Nearer After 11 Years Amendment Advocates Set Sights On Two States

January 12, 1986|By Ken Cummins, Washington Bureau

WASHINGTON — Advocates of a balanced-budget amendment to the Constitution, still in need of two more states to force Congress to call a constitutional convention, have set their sights on Kentucky and New Jersey in hopes of winning at least one early this year and scaring Congress into action.

The drive to amend the Constitution to require a balanced federal budget has not been slowed by enactment last month of the Gramm-Rudman deficit reduction bill, which mandates a balanced budget by 1991.

But Congress may not need any more prodding. For the first time in the 11- year struggle to call a convention, a majority of the House has lined up behind a balanced-budget amendment.

Legislation setting out procedures for organizing the convention, currently working its way through Congress, is putting added pressure on House members to ward off a convention by passing their own constitutional amendment. The legislation, which originated in the Senate, provides for electing convention delegates from each House member`s district.

``That is something that would threaten every incumbent. A lot of delegates would then run for Congress,`` predicted David Keating, vice president of the National Taxpayers Union, which has been leading the drive for a constitutional convention - referred to as a ``con con`` by supporters.

``I think people are pretty cynical in the states about Congress`s ability to stick to Gramm-Rudman,`` Keating said. ``Congress has passed bills before calling for a balanced budget, and we still have large deficits.``

``A constitutional amendment is the only thing that can be enforced,`` he said.

An aide to a Texas congressman pointed out that several lawsuits challenging the constitutionality of Gramm-Rudman have been filed, and the financial community remains skeptical of the law`s ability to survive. E. F. Hutton predicted in a recent newsletter to investors that Congress would repeal Gramm-Rudman by 1988 rather than make the tough fiscal decisions required.

Since Keating`s group and its allies are not slowing down in the wake of the deficit-cutting bill, the forces opposed to a convention say they also cannot rest in their fight to prevent ``throwing the Constitution up for grabs.``

``This issue has been a fund-raiser for these groups for a long time, and they`re not about to let it go,`` said Linda Rogers-Kingsbury, director of Citizens to Protect the Constitution. ``But no one really has a grasp of what the effect of Gramm-Rudman will have on this drive.``

The answer to that question may come soon. Kentucky, one of the two states targeted by convention supporters for action this year, convened its three- month legislative session last week. The New Jersey Legislature, where Republicans have gained control of the lower Assembly, will convene on Tuesday. Action on petitions requesting Congress to call a constitutional convention is expected to come early in both states.

Keating said petitions also may be pushed in Ohio, Minnesota, California, Washington and Maine this year. Rogers-Kingsbury did not rule out another attempt in the Florida Legislature this year to rescind the state`s 1976 call for a constitutional convention. There is no expiration date on the petitions approved by the states.

Florida Senate President Harry Johnston mistakenly had concluded that a rescission vote would lose last year because he miscounted the number of those willing to withdraw Florida`s petition, Rogers-Kingsbury said.

Keating predicted that approval of the petition in only one more state would be enough to scare Congress into passing a constitutional amendment and sending it out for ratification by three-fourths - or 34 - of the 50 states.

An amendment adopted by a constitutional convention also would have to be ratified in the same manner.

``I think it`s very unlikely that a convention will be called, because Congress will respond with their own amendment before they have to call a convention,`` Keating said.

The bitter battle on Capitol Hill to pass Gramm-Rudman actually may have improved chances of getting Congress to pass its own constitutional amendment. At the height of the battle, the amendment picked up additional cosponsors, including Florida Rep. Sam Gibbons, who said he was frustrated by congressional failure to pass a separate $74 billion deficit-reduction package.

``At its best, Gramm-Rudman is only a short-term solution to the nation`s current fiscal mismanagement,`` said Gibbons, D-Tampa.

``The two perfectly complement one another - Gramm-Rudman to help us reach zero deficit and the constitutional amendment to keep us there,`` Gibbons said.

On Dec. 5, an amendment introduced in the House by Reps. Larry Craig, R- Idaho, and Charles Stenholm, D-Texas, gained its 219th cosponsor, marking the first time a majority of the 435 House members have lined up behind one balanced-budget amendment. Rep. E. Clay Shaw Jr., R-Fort Lauderdale, is among the 13 Florida cosponsors.